Florida Senate - 2012                                     SB 786
       
       
       
       By Senator Ring
       
       
       
       
       32-00783-12                                            2012786__
    1                        A bill to be entitled                      
    2         An act relating to growth enterprise development;
    3         creating s. 288.10895, F.S.; defining terms; amending
    4         s. 288.109, F.S.; requiring the Department of Economic
    5         Opportunity to establish a One-Stop Permitting System
    6         in cooperation with certain participating agencies;
    7         requiring the department to establish a one-stop
    8         application for the expedited review and approval of
    9         certain state or regional development permits;
   10         providing procedures for the filing and expedited
   11         processing of one-stop applications; authorizing the
   12         department to adopt rules for administering the
   13         system; deleting provisions relating to the One-Stop
   14         Permitting System of the former State Technology
   15         Office; creating s. 288.1091, F.S.; authorizing local
   16         governments to establish growth enterprise development
   17         programs that provide for master development approval
   18         for the development or expansion of certain sites
   19         owned and operated by growth enterprises; authorizing
   20         development of such a site consistent with a master
   21         development order without requiring certain additional
   22         local development approvals; requiring local
   23         governments to adopt resolutions declaring their
   24         intent whether to establish growth enterprise
   25         development programs; requiring the department to
   26         adopt a model ordinance; providing requirements for
   27         the contents of a local government’s growth enterprise
   28         development program ordinance; prohibiting local
   29         governments from abolishing their growth enterprise
   30         development programs during a specified period;
   31         providing for the effect of the repeal of a growth
   32         enterprise development program ordinance on pending
   33         applications for master development plans; requiring
   34         certain local governments to annually reconsider
   35         whether to establish growth enterprise development
   36         programs; amending s. 288.1095, F.S.; providing for
   37         the development and distribution of literature
   38         explaining the One-Stop Permitting System and
   39         identifying local growth enterprise development
   40         programs; repealing ss. 288.1092 and 288.1093, F.S.,
   41         relating to the One-Stop Permitting System Grant
   42         Program and the Quick Permitting County Designation
   43         Program of the former State Technology Office;
   44         providing an effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Section 288.10895, Florida Statutes, is created
   49  to read:
   50         288.10895 Definitions.—As used in ss. 288.10895288.1095,
   51  the term:
   52         (1) “Growth enterprise” means a business located, or
   53  planned to be located, within the geographic boundaries of a
   54  local government that has adopted a growth enterprise
   55  development program under s. 288.1091 in order to engage for
   56  profit in the manufacturing, processing, or fabrication of any
   57  of the following products, at least 50 percent of which are
   58  exported out of the state:
   59         (a) Computer, electronic, or information technology
   60  products.
   61         (b) Aerospace, aviation, or other transportation equipment.
   62         (c) Fabricated metal products.
   63         (d) Food products.
   64         (e) Machinery.
   65         (f) Nonmetallic mineral products.
   66         (g) Chemical products.
   67         (h) Paper products.
   68         (i) Plastic or rubber products.
   69         (j) Clean technology products.
   70         (k) Energy.
   71         (l) Life sciences products.
   72         (2) “Local development approval” means a local permit or
   73  other approval issued by a local government, or any modification
   74  of such permit or approval, that is necessary for the physical
   75  location or expansion of a growth enterprise, including, but not
   76  limited to, permits or approvals related to elements of a master
   77  development plan required under s. 288.1091(2)(c).
   78         (3) “Local government” means a county or municipality.
   79         (4) “Participating agency” means each of the following
   80  agencies:
   81         (a) The Department of Environmental Protection.
   82         (b) The Department of Transportation, including its
   83  district offices.
   84         (c) The Fish and Wildlife Conservation Commission, when
   85  acting pursuant to statutory authority granted by the
   86  Legislature.
   87         (d) Water management districts.
   88         (5) “State development approval” means a state or regional
   89  permit or other approval issued by a participating agency, or
   90  any modification of such permit or approval, that is necessary
   91  for the physical location or expansion of a growth enterprise,
   92  including, but not limited to, permits or approvals listed in s.
   93  288.1091(2).
   94         Section 2. Section 288.109, Florida Statutes, is amended to
   95  read:
   96         (Substantial rewording of section. See
   97         s. 288.109, F.S., for present text.)
   98         288.109 One-Stop Permitting System.—
   99         (1) By January 1, 2013, the department, with the
  100  cooperation of the participating agencies, shall establish a
  101  One-Stop Permitting System that:
  102         (a) Expedites the processing of state development approvals
  103  by ensuring collaboration and coordination among the
  104  participating agencies.
  105         (b) Provides growth enterprises with a single point of
  106  contact for submitting a one-stop application and supporting
  107  information for state development approvals.
  108         (c) Requires the simultaneous review by the participating
  109  agencies of the one-stop application and supporting information.
  110         (2) The department shall prescribe the content and format
  111  for the one-stop application, which must include information
  112  necessary to review requests for state development approvals
  113  for:
  114         (a) Wetland or environmental resource permits.
  115         (b) Surface water management permits.
  116         (c) Stormwater permits.
  117         (d) Consumptive water use permits.
  118         (e) Wastewater permits.
  119         (f) Air emission permits.
  120         (g) Permits relating to listed species.
  121         (h) Highway or roadway access permits.
  122         (3) The department shall designate a single physical
  123  location, Internet website, or other electronic portal where
  124  one-stop applications may be filed.
  125         (4) The department shall distribute a copy of each one-stop
  126  application received from a growth enterprise to each of the
  127  participating agencies and shall forward a request for
  128  additional information from any of the participating agencies to
  129  the growth enterprise.
  130         (5)(a) Upon receipt of a one-stop application, each
  131  participating agency shall notify the department as to whether
  132  the application is complete with respect to those parts of the
  133  application that are within the agency’s permitting or approval
  134  authority. If any part of the application is not complete, the
  135  respective participating agency shall notify the department in
  136  writing of the additional information necessary to complete the
  137  application.
  138         (b) Unless waived in writing by the growth enterprise, the
  139  department must submit any request for additional information
  140  required by the participating agency under paragraph (a) to the
  141  growth enterprise within 20 days after the date the application
  142  is filed with the department. If the department does not request
  143  such additional information within the 20-day period, state
  144  development approval may not be denied based on the growth
  145  enterprise’s failure to provide such additional information.
  146         (6)(a) Unless waived in writing by the growth enterprise,
  147  each participating agency, within 60 days after a complete
  148  application is filed with the department, shall take final
  149  agency action on any state development approval within the
  150  agency’s permitting or approval authority. The 60-day period is
  151  tolled by the initiation of a proceeding under ss. 120.569 and
  152  120.57.
  153         (b) Notwithstanding s. 120.60(1), if a participating agency
  154  does not, within the 60-day period or, if a proceeding is
  155  initiated under ss. 120.569 and 120.57, within 45 days after a
  156  recommended order is submitted to the agency and the parties,
  157  whichever is later, take final agency action on those parts of
  158  the application that are within the agency’s permitting or
  159  approval authority, such parts of the application are deemed
  160  approved.
  161         (7) The department may adopt rules to administer this
  162  section.
  163         Section 3. Section 288.1091, Florida Statutes, is created
  164  to read:
  165         288.1091 Local growth enterprise development programs;
  166  master development approval for growth enterprises.—
  167         (1)(a) A local government may adopt an ordinance
  168  establishing a growth enterprise development program under which
  169  the local government may grant master development approval for
  170  the development or expansion of a site owned and operated by a
  171  growth enterprise at a fixed location within the local
  172  government’s geographic boundaries.
  173         (b) The governing body of each local government in the
  174  state shall consider whether to establish a growth enterprise
  175  development program under this section. By January 1, 2013, for
  176  an existing local government, or within 120 days after
  177  incorporation of a municipality or creation of a county, the
  178  governing body of each local government shall adopt a resolution
  179  declaring whether the local government intends to establish a
  180  growth enterprise development program and shall submit a copy of
  181  the resolution to the department within 5 days after adoption.
  182         (2) By October 1, 2012, to provide guidance for local
  183  governments establishing growth enterprise development programs,
  184  the department shall adopt a model ordinance for such growth
  185  enterprise development programs. The model ordinance shall
  186  include:
  187         (a) Procedures for a growth enterprise to apply for, and
  188  for a local government to review and approve, a master
  189  development plan.
  190         (b) Minimum elements for a master development plan,
  191  including, but not limited to:
  192         1. A site map.
  193         2. A list of the site’s potential land uses.
  194         3. Maximum dimensions for future development on the site,
  195  including buildings, parking and loading areas, buffering and
  196  setbacks, open space, and landscaping.
  197         4. Development conditions.
  198         (c) A list of the development impacts that must be
  199  addressed in a master development plan, including, but not
  200  limited to:
  201         1. Drainage.
  202         2. Wastewater.
  203         3. Potable water.
  204         4. Solid waste.
  205         5. Onsite and offsite natural resources.
  206         6. Preservation of historic and archeological resources.
  207         7. Offsite infrastructure.
  208         8. Public services.
  209         9. Compatibility with adjacent offsite land uses.
  210         10. Vehicular and pedestrian entrance to and exit from the
  211  site.
  212         11. Offsite transportation impacts.
  213         (d) A provision prohibiting the limitation or modification
  214  of development rights that are granted before the approval of a
  215  master development plan, including, but not limited to,
  216  development rights affecting the impacts listed in paragraph
  217  (c).
  218         (e) Whether an expiration date is required for a master
  219  development plan and, if required, a provision stating that the
  220  expiration date may not occur earlier than 10 years after the
  221  plan’s adoption.
  222         (f) A provision limiting the conditions that require an
  223  amendment to the master development order to the following:
  224         1. Enactment of state law or local ordinance addressing an
  225  immediate and direct threat to the public safety that requires
  226  an amendment to the master development order.
  227         2. Substantial modification of the land uses authorized in
  228  the master development order.
  229         3. An increase of more than 10 percent in the total maximum
  230  intensity or square footage authorized in the master development
  231  order.
  232         4. A decrease of more than 5 percent in the total area set
  233  aside for open space, mitigation, or buffering required in the
  234  master development order.
  235         5. An increase or decrease of more than 10 percent in the
  236  total number of parking spaces authorized in the master
  237  development order.
  238         6. An increase of more than 15 percent in the total height
  239  authorized in the master development order for any structure.
  240         7. A substantial change in the total number or the location
  241  of vehicular access points authorized in the master development
  242  order.
  243         8. Relocation of specific land uses on the site in a manner
  244  that increases offsite impacts on transportation, other
  245  infrastructure, or public services.
  246         9. Expansion or contraction of the development site by more
  247  than 10 percent of the total area authorized in the master
  248  development order.
  249         (g) A provision stating that the scope of review for any
  250  amendment to a master development order is limited to the
  251  subject matter of the amendment.
  252         (h) A provision stating that, during the term of a master
  253  development order, the local government may not require
  254  additional local development approvals for those elements of the
  255  master development plan listed in paragraph (c) which are
  256  approved in the master development order, except for those
  257  approvals that are required to ensure compliance with the State
  258  Building Code or life and safety issues.
  259         (i) A provision stating that, before commencing
  260  construction or site development work, the growth enterprise
  261  must submit a certification, signed by a licensed architect,
  262  engineer, or landscape architect, attesting that such work shall
  263  comply with the master development order.
  264         (3) A local government’s growth enterprise development
  265  program ordinance need not conform to the department’s model
  266  ordinance but, at a minimum, must be consistent with subsection
  267  (2) and establish procedures for:
  268         (a) Reviewing an application from a growth enterprise for
  269  approval of a master development plan.
  270         (b) Approving a master development plan through issuance,
  271  by ordinance, of a master development order, which may include
  272  conditional approvals that address development impacts
  273  anticipated during the life of the development.
  274         (c) Development of the site in a manner consistent with the
  275  master development order without requiring additional local
  276  development approvals other than building permits.
  277         (4)(a) A local government that establishes a growth
  278  enterprise development program may not abolish the program until
  279  it has been in effect for at least 24 months.
  280         (b) If a local government repeals its growth enterprise
  281  development program ordinance, any application for a master
  282  development plan that is submitted to the local government
  283  before the effective date of the repeal is vested and remains
  284  subject to the growth enterprise program ordinance in effect
  285  when the application was submitted.
  286         (c) The governing body of a local government that does not
  287  establish a growth enterprise development program or that
  288  subsequently abolishes the program shall, by January 1 of each
  289  year, reconsider whether to establish a growth enterprise
  290  development program under this section.
  291         Section 4. Section 288.1095, Florida Statutes, is amended
  292  to read:
  293         288.1095 Information concerning the One-Stop Permitting
  294  System and local growth enterprise development programs.—The
  295  department shall develop literature that explains the One-Stop
  296  Permitting System established under s. 288.109 and identifies
  297  each local government those counties that establishes a growth
  298  enterprise development program under s. 288.1091 have been
  299  designated as Quick Permitting Counties. The literature must be
  300  updated at least once each year. To the maximum extent feasible,
  301  state agencies and offices, including Enterprise Florida, Inc.,
  302  shall distribute such literature and inform the public of the
  303  One-Stop Permitting System and the local governments that
  304  establish growth enterprise development programs Quick
  305  Permitting Counties. In addition, the department, Enterprise
  306  Florida, Inc., or such other state agency or office assigned the
  307  principal responsibility of distributing information to
  308  prospective businesses regarding location or expansion in the
  309  state, shall provide this information to prospective, new,
  310  expanding, and relocating businesses seeking to conduct business
  311  in this state, municipalities, counties, economic-development
  312  organizations, and chambers of commerce.
  313         Section 5. Sections 288.1092 and 288.1093, Florida
  314  Statutes, are repealed.
  315         Section 6. This act shall take effect July 1, 2012.